43 F.

3d 1466

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of

unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Isaac Thomas GRAY, Plaintiff Appellant,
v.
Robert FERGUSON, CEO; Continental Air Holdings,
Defendants Appellees.
No. 94-1839.

United States Court of Appeals, Fourth Circuit.

Submitted Oct. 18, 1994
Decided Nov. 10, 1994.

Appeal from the United States District Court for the Eastern District of
Virginia, at Norfolk. Richard B. Kellam, Senior District Judge. (CA-931160-2)
Isaac Thomas Gray, appellant pro se.
Mark Douglas Stiles, Willcox & Savage, Norfolk, Va.; Bruce L.
Silverstein, Young, Conaway, Stargatt & Taylor, Wilmington, Del., for
appellees.
E.D.Va.
DISMISSED.
Before HALL and MICHAEL, Circuit Judges, and CHAPMAN, Senior
Circuit Judge.
PER CURIAM:

Appellant noted this appeal outside the thirty-day appeal period established by

Fed. R.App. P. 4(a)(1), failed to obtain an extension of the appeal period within
the additional thirty-day period provided by Fed. R.App. P. 4(a)(5), and is not
entitled to relief under Fed. R.App. P. 4(a)(6). The time periods established by
Fed. R.App. P. 4 are "mandatory and jurisdictional." Browder v. Director, Dep't
of Corrections, 434 U.S. 257, 264 (1978) (quoting United States v. Robinson,
361 U.S. 220, 229 (1960)). Appellant's failure to note a timely appeal or obtain
an extension of the appeal period deprives this Court of jurisdiction to consider
this case. We therefore dismiss the appeal. We dispense with oral argument
because the facts and legal contentions are adequately presented in the
materials before the Court and argument would not aid the decisional process.
DISMISSED